The Portland daily press., 1887-04-20
MURPHY IN JAIL.
The Deputy Collector Persisted In
Refusing to Testify.
Collector Redman on the Witness
Stand Yesterday.
commissioner Miller TeIegraphed to
for Further Particulars.

So"HitSStoner Mtiier teieRrapneu TO
for Further Particulars.
AUGUSTA, April 19.--This has been the
most exciting day of the contest between
the United States and State authorities thus
FAR, and as an outcome of it Deputy Col
lector Murphy is in jail. All day the court
house has been packe with spectators and
legal men. Collector Redman and Deputy
Collector Murphy were in attendance, Dis
trict Attorney Bird appearing as their coun-
sci. Deputy Collector Cromwell was also
present Intense interest was manifested.
both in the courthouse and out, and every
body has been asking, "Has Murphy gone to
iail?"
The case of State vs. Reuben C. Hall was
called at 1890 o'clock, and after City
Marshal Norton of Gardi ner had been ex-
amined, Collector Redman took the stand.
He said he had not brought the records of
special taxes nor had he certified copies as
the subpoena required. The reason given
by him was that this continually
being brought into court would inter
fere materially with the business of the
department by taking large amount of their
time. To answer all of the demands would
require all the attention of the revenue Off
GERS. Mr. Redman, on being informed that
Mr.. Murphy had been summoned to appear
in court and show certified copy of
his records in regard to the payment of
special liquor dealers taxes, telegraphed
Commissioner Miller of the fact. He re-
ceiyed the following reply the same day:
WASHINGTON, d. c., April IS.
collector RedmGn, EItslcorth. Me-.
Appear In court and deny the authority to
compel production of your records or of cop
les OF them. If necessary to have a cues
ton of such authority removed to the Uni
ted States Circuit Court. as provided in sec.
been Instructed to appear for you. Confer
with MIN. Jos. S. MILLER,
Commissioner.
Mr.. Redman forwarded despatch to Mr..
Murphy, in which he instructed him to deny
the authority of the Court in obliging him to
produce evidence of his records. The
witness did not believe that the record in
the Deputy Collectors office was official.
Mr.. Murphy took the stand. On being
questioned he refused to produce certified
copy Of the record or the record itself. He
did not think his instructions would allow
him to examine his record and refresh his
recollection.
The Court observed that it would be very
simple thing for the witness to examine his
records and check off on slip of paper the
names of the men who had paid a special tax
and then give the desired testimony, refresh
ing his memory from his notes. If under
rules OF the department he declines to pro-
duce the best evidence then secondary evil
dence can be admitted, he using the record
to refresh his recollection.
Mr. Murphy .had no remembrance of de-
Iiverine a specialtax receipt to Mr.. Hall.
He declined to answer whether Hall had
paid him the sum of $25 as a retail dealers
special tax. have no knowledge that Mr..
Hall has paid without an examination of nv
record, which l haven't done. He thought
it might be .a possibility that Halls name
would appear on his memoranda if Hall had
paid tax If were obliged to come to this
court and ether courts continually and give
testimony about these taxes l should be un-
able to attend to my duties as deputy collec-
tor. do not wish an opportunity to ex-
anime my record
Mr.. Bird said that it is not the spirit of
the Commissioner of Internal Revenue to re-
tard the processes of justice in the State
Courts, and the general government does not
keep Mr.. Murphy in his position for the pur-
pose of certifying to State officers the con-
tents of his records in his Office. Mr.. Bird
further urged that the commissioner was de-
srous that his officers should be able to per-
form their proper duties and not be obliged
to devote large part of their time to testi-
flying in State courts.
The Court did not think the assertion that
the business of the department would be in
terfered with was borne out by fact. The
method of despatching an agent of the State
to examine the collectors records be re
garded as one of much trouble, delay and ex-
pense. He was not convinced that the wit
ness had purgered himself of contempt and
although the court was willing to allow Mr.
Murphy until o'clock to consult his records
the witness did not have the opportunity.
AT suggestion of Mr.. Bird the matter was
postponed until o'clock.
When the afternoon session opened the
Court said, there is nothing further for the
Court to do on say relative to the Witness
and inquired of the clerk if he was prepar-
ing the mttimuS.
Mr.. Bird stated that they were willing to
produce all evidence in their possession but
records or certified copies.
The court asked if they were willing to
make extracts from the record to refresh
the witness memory
Mr.. Bird replied that might be a fair in
ference, If by extracts he meant copies.
Anson NJ. Goddard, ESQ.,, was called to the
stand and exhibited the verified copy of the
record in the Collectors office of those who
paid a special tax, which he obtained on his
recent trip to Ellsworth. There was an at
tempt made by Mr.. Heath, the counsel for
the respondent, to throw the record out on
technicality, but the Judge admitted it as
evidence.
Mr.. Murphy remained in the court room
during the afternoon, but at quarter of six
went to Jail with the sheriff, where he will
remain until the adjournment of the court in
about two weeks unless relieved before. he
will then probably be discharged. He is
in excellent spirits and holds that he has
purged himself of contempt. The Court,
however, and many eminent legal gentlemen
differ with him. The visiting internal rev.
enue officials returned home on the afternoon
trains. 1t is understood that the department
will back Mr.. Murphy up and see the contest
to its end. Mr.. Redman has telegraphed to
Commissioner Miller for instructions.